Chenery v Anderson [2009] NZLLA 135 (20 February 2009)

Last Updated: 27 January 2010

Decision No. PH 135/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager's Certificate number GM/005/64/2007 issued to OSHA ROXANNE ELIZABETH ANDERSON

BETWEEN SHONTAHL JAYDI CHENERY
(Police Officer of North Shore)

Applicant

AND OSHA ROXANNE ELIZABETH ANDERSON

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

HEARING at AUCKLAND on 10 February 2009

APPEARANCES

Constable S J Chenery – NZ Police – applicant
Miss O R E Anderson – respondent

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application brought by the Police for the suspension of a General Manager's Certificate issued to Osha Roxanne Elizabeth Anderson. Miss Anderson was first granted her certificate on 23 March 2007. She has used the certificate from time to time to help manage a licensed café in Albany.

[2] The application was brought on the ground that Miss Anderson's conduct has been such as to demonstrate a lack of suitability. Basically the facts show that Miss Anderson was stopped on a Friday night at about 11.00 pm when it was revealed that she had been drinking prior to driving. She had a blood alcohol level of 94 milligrams of alcohol per 100 millilitres of blood. She was subsequently taken before the District Court in North Shore and was convicted and fined and ordered to pay the analyst fees and costs, and disqualified from holding a driver's licence for six months.

[3] It will be observed that her blood alcohol level was marginally above the allowable limit. The Police take the view that the conviction indicates a disregard of community standards hence the application. For her part, Miss Anderson thought that she was able to drive, and received something of a shock to find that she was over the limit. Her concerns have been compounded by her appearance before the Authority.

[4] Miss Anderson seemed to us to be able to make the connection between achieving the object of the Act and her own personal behaviour. We think that the application has been established. We refer to a decision of Horse and Trap Tavern Limited LLA PH 880-881/2005 in which it was said:

"We believe that raising the bar for the holders of General Managers' Certificates and keeping it at a certain height has the potential to bring about a reduction in the abuse of liquor nationwide. If certain otherwise meritorious applicants suffer in the process that may not be too high a price to pay in order to achieve this long term goal."

[5] Balancing the positive factors with the above comments, we confirm that General Manager's Certificate number GM/005/64/2007, issued to Osha Roxanne Elizabeth Anderson, will be suspended for a period of two weeks from Tuesday 10 February 2009.

DATED at WELLINGTON this 20th day of February 2009

B M Holmes
Deputy Secretary

Osha Anderson.doc(aw)